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LOCAL GOVERNMENT ACT 2009 - SECT 95 Overdue rates and charges are a charge over rateable land

LOCAL GOVERNMENT ACT 2009 - SECT 95

Overdue rates and charges are a charge over rateable land

95 Overdue rates and charges are a charge over rateable land

(1) This section applies if the owner of rateable land owes a local government for overdue rates and charges.
(2) The overdue rates and charges are a charge on the land.
(3) The local government may register the charge over the land by lodging the following documents with the registrar of titles—
(a) a request to register the charge over the land, in the appropriate form;
(b) a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.
(4) After the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of—
(a) the State; or
(b) a government entity.
(5) If the overdue rates and charges are paid, the local government must lodge the following documents with the registrar of titles—
(a) a request to release the charge over the land, in the appropriate form;
(b) a certificate signed by the chief executive officer that states the overdue rates and charges have been paid.
(6) This section does not limit any other remedy that the local government has to recover the overdue rates and charges (including selling the land, for example).